Article 124
(1) If the Office is of the opinion that the invention that is the subject of the application matters in terms of national security; sends a copy of the application to
Ministry of National Defense in order to receive their opinion and notifies the applicant of the situation.
(2) If Ministry of National Defense makes a decision on conducting the application processes in secret; notifies the Office of their decisions within three months as of the date of the notification. In case that a decision of confidentiality is not made or the Office is not notified in specified time period; the Office starts the processes regarding the application.
(3) In case that the patent application is subject to confidentiality; the Office notifies the applicant of the situation and registers the application as a classified patent application without any other processes related to the application.
(4) The patent applicant shall not be allowed to declare the invention that is the subject of a confidential patent application to unauthorized parties.
(5) Upon the patent applicant’s request; Ministry of National Defense may allow the invention that is the subject of the patent application to be used partially or completely.
(6) The patent applicant can claim compensation from the government for the time in which the patent application remained classified. If an agreement on a compensation allowance is not reached; the allowance shall be determined by the court. The compensation shall be calculated considering the significance of the invention; and the amount of the expectant revenue which the patent applicant can earn in case they are authorized to use freely.
(7) Annual fees shall not be paid to the Office for confidential patent applications during the time in which they remained classified.
(8) The Office, upon the request of Ministry of National Defense, may declassify the patent application. A declassified patent application shall be processed as a patent application as of the date it is declassified.
(9) In case an invention made in Turkey matters in terms of national security, no patent application shall be allowed to be made for subject invention in another country. If a patent application filed to the Office for an invention made in Turkey is subject to the provisions of paragraph 1 and 8; no patent application shall be allowed to be filed for subject invention in another country without a permission by Ministry of National Defense.
(10) If the inventor’s domicile is in Turkey; until proven otherwise, the invention shall be considered as made in Turkey.